Elder Abuse Lawsuits At Risk Of Damage Caps

Posted By
Scott H. Palmer, P.C.

Our nation’s aging population has brought the need of the elderly
and their protection to the forefront of the media and national discussions.
Elder abuse is an all-too common heard of crime and situation, breaking
the hearts of many family members and leaving long-term damage and even
death to victims. Laws around the country and in Texas are in place to
provide some restitution to family members in these cases.

Texans concerned about nursing home neglect and related lawsuits may want
to look to their neighbors in the north and be aware of a proposed piece
of tort reform legislation. The Oklahoma state legislature has recently
brought forward a new bill that would limit the compensatory damages allowed
to be awarded to victims of elder abuse and neglect or their family members.

This proposed reform has generated complaints from opponents who state
that lawmakers are more concerned with protecting nursing home companies
than they are with protecting elderly patients and residents. One challenge
in a personal injury claim against a nursing home is the difficulty is
obtaining a full view of the corporate structure of these institutions.
Often lawsuits are relegated only to a shadow company instead of the larger
number of players truly involved.

People with loved ones in nursing home care or in assisted living facilities
should always be aware of their conditions. In the event of any concerns,
a consultation with a Texas elder-abuse lawyer may be able to be useful
in providing proactive assistance and guidance.

COMMITTED TO LEGAL EXCELLENCE

Over the years, our firm has continued to collect various honors and awards for the outstanding legal representation we provide. Always striving to help our clients secure the best possible results, we believe in going above and beyond the legal call of duty to help our clients win.

*Scott Palmer is Board Certified in Criminal Law by the Texas Board of
Legal Specialization (2005 to present), David P. Housel, Jr. is Board
Certified in Family Law by the Texas Board of Legal Specialization (2004
to present).